Residential Eviction Moratorium
On 8/25/21, the Ninth Circuit Court of Appeals issued its Opinion in the case: APARTMENT ASSOCIATION OF LOS ANGELES COUNTY, INC., DBA Apartment Association of Greater Los Angeles, Plaintiff-Appellant v. CITY OF LOS ANGELES; ERIC GARCETTI, in his official capacity as Mayor of Los Angeles; CITY COUNCIL OF THE CITY OF LOS ANGELES, in its official capacity; et al, Defendants-Appellees.
The OPINION ruled against the landlords, refusing to enjoin the City of Los Angeles, residential eviction moratorium. The Opinion held the City of Los Angeles’ Residential Eviction Moratorium did NOT violate the Contract clause of the US Constitution. Even though the moratorium was a substantial deprivation of landlords’ contractual rights, the moratorium did not violate the Contract clause of the US Constitution, because the moratorium was appropriate to try to prevent people from being homeless during the COVID pandemic. Note that the ONLY thing challenged in the appeal was that the residential eviction moratorium violated the Contract clause of the US Constitution. Additional challenges, such as challenging that the residential eviction moratorium violated landlords due process rights, or was a taking of property without compensation, were NOT made in this appeal. Other suits nationwide, challenging other eviction moratoriums, federal, state, county, city, have made these additional arguments. But not this appeal.
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